Request for a preliminary ruling from the Schienen-Control Kommission (Austria) lodged on 23 March 2018 — WESTbahn Management GmbH v ÖBB-Infrastruktur AG

(Case C-210/18)

Language of the case: German

Referring court

Schienen-Control Kommission

Parties to the main proceedings

Applicant: WESTbahn Management GmbH

Defendant: ÖBB-Infrastruktur AG

Questions referred

Is Paragraph 2(a) of Annex II to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, ¹ to be interpreted as meaning that the notion of ‘passenger stations, their buildings and other facilities’ referred to therein covers the railway infrastructure ‘passenger ... platforms’ listed in the second indent of Annex I to that directive?

If Question 1 is answered in the negative:    

Is Paragraph 1(c) of Annex II to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area, to be interpreted as including the use of passenger platforms provided for in the second indent of Annex I to that directive within the notion of ‘use of the railway infrastructure’ referred to therein?

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¹ OJ 2012 L 343, p.32.